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HomeMy WebLinkAbout21219 Staff Report Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 1 of 13 Application No. 21219 Type Site Plan Project Name Bozeman 15th Avenue Grocery Store Summary Proposal to construct an approximately 20,000, single-story grocery store on a vacant lot within an existing shopping center at N. 15th Avenue and W. Main Street. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size ~2 acres Overlay District(s) Lighting District; Residential Parking Permit Zone; Medical Marijuana Buffer Zone; Solvent Site Brownfield Site Street Address 1525 W. Main Street Legal Description Lot 2A, Minor Subdivision 352A and Lot 3-A of Minor Subdivision 352A located in the Northwest quarter of Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Owner Bozeman Main & 15th Avenue Shopping Center, LLC. Applicant MBHT, LC Representative Bret Whalen, Anderson, Wahlen & Associates Staff Planner Susana Montana Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad N/A Advisory Boards Board Date Recommendation DRC 3/16/22, 8/19/22, 11/22/22 and 12/23/22 This application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Recommendation This application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development Date 2-9-23 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 2 of 13 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The Applicant proposed to the City a Site Plan (SP) to permit construction of a 20,000 gross square foot grocery store plus associated landscaping, open space and parking on a 2-acre portion of a 25-acre existing shopping center located at W. Main Street and N. 15th Avenue. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this _9th day of _February__, 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. BMC 38.410.060 – Lot 3-A-1 Easements. Prior to final site plan approval, the Applicant shall submit an executed hard copy of the mutual access easement to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder. Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 3 of 13 3. BMC 38.410.060 - Easements – Prior to final site plan approval, the Applicant shall submit an executed hard copy of the drainage easement to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder. 4. BMC 38.410.130 - Water Rights. The applicable Cash-in-Lieu of Water Rights (CILWR) contribution shall be paid to the City prior to final site plan approval. 5. Prior to final plan approval, the Applicant shall revise the plans to reference the streets and intersections to which the waiver applies as noted in the engineering checklist item #3. He shall resubmit the site plan to the review engineer for final review. Final site plan approval is conditional on the final completion and filing of a hard copy of this document. 6. Final site plan approval is contingent upon receipt of an approved work plan from the City's environmental consultant, Jim Sullivan, for the solvent site portion of this Site. This work plan shall be submitted with the building permit for final review and archive. 7. Prior to building permit approval, fireline plans submission/review/approval will be necessary. Submit fire line plans to the Engineering PDox portal for review. MAP SERIES Figure 1: Current Zoning Map. Project Site is noted by the white bubble. B-2 Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 4 of 13 Figure 2: Proposed site in red Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 5 of 13 Figure 3: Site Plan Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 6 of 13 Figure 4: Conceptual Renderings Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 7 of 13 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2 Yes Comments: The B-2 zoning implements the Community Plan’s Future Land use designation for this Site and a grocery store is a principal permitted use in the B-2 zone. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: NA 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations Yes Comments: This Site is located within a “Brownfield” Solvent Site Zone due to the 1961 to 1973 operation of a dry cleaning establishment, which resulted in the discharge of cleaning solvents into the soil and groundwater. The Site and downstream soils have been declared a Bozeman Solvent Site State-level Superfund Site and is subject to continuous groundwater monitoring. Such monitoring facilities exist on the west side of the proposed building as shown in the red cross-hatched area of Figure 3 above. Per Condition of Approval No. 6, final site plan approval is contingent upon receipt of an approved work plan from the City's environmental consultant, Jim Sullivan, for the solvent site portion of this Site. This work plan shall be submitted with the building permit for final review and archive. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes with Conditions of approval Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: With the conditions noted on pages 2 and 3, this application meets Code. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The grocery store is a principal permitted use in the B-2 zone. Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 8 of 13 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Retail grocery store Yes Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front Mixed Block Frontage setback is 10’ for non-Storefront facades. 29’ setback from N. 15th Ave. is provided. NA Rear 10’ required. Rear yard setback varies but is a minimum of 10’. Side 5’ required and is provided. 14’ Alley NA Comments: This Site is an odd shaped lot. However, all required setbacks from the property line are provided Lot coverage 55% Allowed= 100% Meets Code? Yes Building height 31’ 8” with a flat roof Allowed= 50’ Yes Comments: Meets code. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 NA Comments: This is a retail establishment in an older, existing shopping center. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: This is a wholly commercial development. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes with Condition 2 Level of Service 38.400.060 adequate Transportation grid adequate to serve site Yes Comments: This is an existing “infill” lot within an existing shopping center in the center of town with an existing grid street system. A mutual access easement for this lot was granted by the shopping center owner and a recorded easement shall be provided to the City Engineer prior to final site plan approval per Condition No.2. Sidewalks 38.400.080 Yes Comments: Sidewalks are provided around the building and through the parking lot. Drive access 38.400.090 Access to site: 3 Yes Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 9 of 13 Fire lanes, curbs, signage and striping Yes Comments: The shopping center has one access driveway from W. Main Street and two access driveways from N. 15th Avenue. This Site shares those access points. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 Yes Comments: Sidewalks around the proposed building connect to the shopping center sidewalk network. There is one bus stop at the shopping center. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: There are pedestrian crossings throughout the Site and shopping center. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area. NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (Mutual Access and Drainage) Yes, per Conditions 2 and 3 Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes, per Condition No.4 Comments: N/A Municipal infrastructure requirements 38.410.070 Yes, Fireline will be submitted per Condition No.7 Comments: Per Condition of Approval No. 8, fireline plans submission/review/approval will be necessary prior to building permit approval. Tha Applicant shall submit fire line plans to the Engineering PDox portal for review. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Landscaping meets code. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Comments: NA Park Frontage 38.420.060 NA Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 10 of 13 Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: This is a wholly commercial “infill” development within an existing shopping center. Parkland is not required. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed Block Frontage Yes Departure criteria NA NA Comments: Setbacks, transparencies, entrances meet code. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: The 12’ wide sidewalk along the front of the building connects to the similar wide sidewalk of the shopping center. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D Yes Comments: The access points and parking lot for this development are consistent with the shopping center. On-site open space 38.520.060 Yes Total required 2% of 2.37 acre (103,237 sf) = 2,064 sf required Total provided 2,132 sf [2%] Yes Comments: Commercial open space is provided at the building entrance along the N. 15th Avenue frontage. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The mechanical equipment is screened from view from the street. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: Landscaping is provided along the west façade of the building to mask the expanse of CMU block wall. The north elevation is the rear elevation and the expanse of CMU block wall and ”back of house” activities is partially screened by a 8’ tall screen wall of the same material. Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 11 of 13 Figure 5 above; Figures 6 and 7 below. N Landscaping to screen the north and west blank walls Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 12 of 13 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 NA Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 77 spaces Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 77 spaces Provided on-street NA Bicycle parking 38.540.050.A.4 8 Comments: The Applicant purchased land from the shopping center and created a new lot for their own parking for the grocery store. Loading and uploading area requirements 38.540.080 Yes First berth – minimum 70 feet length, 12 feet in width, 14 feet in height Additional berth – minimum 45 feet length NA Comments: A 16 feet wide and 71 feet in length loading zone is provided at the rear (north façade) of the building. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required 13 of 14 species are drought-tolerant Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: Meets code. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: Signage is not part of this application. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Comments: The exterior lighting fixture cut sheets meet code standards for illumination. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA Staff Report Bozeman 15th Avenue Grocery Store Site Plan Application No. 21219 January 11, 2023 Page 13 of 13 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The Site was posted and adjacent property owners were mailed notice on 12/2/22 and no comments have been received to date (12/23/22). 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes Required easements Yes with Conditions 2 and 3 Comments: Per Condition No. 2, Lot 3-A-1 Easements. Prior to final plat approval, the Applicant shall submit an executed hard copy of the mutual access easement to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder. Per Condition No. 3, BMC 38.410.060 - Easements – Prior to final plat approval, the Applicant shall submit an executed hard copy of the drainage easement to the review engineer for final review, City Commission approval, and filing with the County Clerk and Recorder. The Applicant recorded a lot line adjustment, via Subdivision Exemption No. 21418, to realign the boundary between Lot 2 of Minor Subdivision 352 and the shopping center parking area on Lot 3-A of Minor Subdivision 352A. This lot line adjustment gave the Applicant sufficient land to provide his required parking spaces.